Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2022-11-08 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book The Supreme Court and Constitutional Theory 1953 1993 written by Ronald Kahn and published by . This book was released on 1994 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining theoretical sophistication with a fundamental comprehension of the political institutions of the USA, this study aims to demystify the workings of the United States Supreme Court and its place in democracy.
Download or read book Imperfect Alternatives written by Neil K. Komesar and published by University of Chicago Press. This book was released on 1997-01-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
Download or read book Merely Judgment written by Martin J. Sweet and published by University of Virginia Press. This book was released on 2010-11-23 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely Judgment uses affirmative action in government contracting, legislative vetoes, flag burning, hate speech, and school prayer as windows for understanding how Supreme Court decisions send signals regarding the Court’s policy preferences to institutions and actors (such as lower courts, legislatures, executive branches, and interest groups), and then traces the responses of these same institutions and actors to Court decisions. The lower courts nearly always abide by Supreme Court precedent, but, to a surprising degree, elected branches and other institutions avoid complying with Supreme Court decisions. To explain the persistence of unconstitutional policies and legislation, Sweet isolates the ability of institutions to derail the litigation process. Merely Judgment explores the mechanisms by which litigants and their peers have escaped from the clutches of litigation and thus effectively ignored, evaded, and trumped the Supreme Court.
Download or read book Judicial Review written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
Download or read book Contest for Constitutional Authority written by Susan Burgess and published by . This book was released on 1992 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the judiciary the ultimate authority on constitutional questions? Susan Burgess says no. Basing her argument on the theory of "departmental review", Burgess contends that each branch of government has the right to interpret the Constitution and that no branch has final authority. Through close study of the abortion and war powers debates, Burgess illustrates that the practice of departmental review improves the quality of constitutional debate, deepens "constitutional consciousness", and enhances respect for the rule of law. First, she investigates the constitutional issues relating to the debates over Roe v. Wade and, in its wake, the 1981 human life bill, the 1985 Abortion Funding Restriction Act, and contemporaneous court cases. She follows with a comparative analysis of the constitutional debates that focused on the infamous 1964 Gulf of Tonkin Resolution and the Persian Gulf crisis of the late 1980s--one before and the other after the passage of the 1973 War Powers Act. Burgess demonstrates the considerable potential (and possible drawbacks) of departmental review for creating a common constitutional language that transcends the polemical impasses characterizing much current debate, for recapturing active and thoughtful citizen participation, and for renewing our faith in the authority of the Constitution.
Download or read book Nomination of Robert H Bork to be Associate Justice of the Supreme Court of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1989 with total page 1322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Extending Rights Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin (1878–1963), universally acknowledged to be the most important commentator on the U.S. Constitution in the twentieth century, died before he could write the single definitive work he had planned. Richard Loss has devoted himself to the task of editing a three-volume collection (of which this is the second) of Corwin's major essays on the Constitution. The seventeen essays in Volume II focus on Article III (the judicial article) of the Constitution. They were, in Corwin's judgment, among his most important works. Thus this volume is a sequel both to Volume I, which treated Articles I and II of the Constitution, and to Presidential Power and the Constitution, in which Loss gathered most of Corwin's essays on the presidency. The editor has organized the essays under the headings "The Origins of Judicial Review," "The Development of Judicial Supremacy," "The Exercise of Judicial Review," and "Appraisals of Judicial Review." Each essay is reprinted in its entirety, including footnotes.
Download or read book The Use of Foreign Precedents by Constitutional Judges written by Tania Groppi and published by Bloomsbury Publishing. This book was released on 2013-03-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Download or read book Nomination of Robert H Bork to be Associate Justice of the United States Supreme Court written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1987 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review March 8 10 15 17 1966 482 p written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Burger Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1998-09-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Warren E. Burger served as Chief Justice of the Supreme Court from 1969 to 1987, an often tumultuous period in which the Court wrestled with several compelling constitutional issues. United States v. Nixon set the stage for the resignation of a President; Roe v. Wade created a nationwide debate that is as divisive today as ever before; Lemon v. Kurtzman attempted to enunciate a clear standard for vexing church-state issues; and the "Pentagon Papers" case was a landmark freedom-of-the-press decision. An impressive collection of writings by legal scholars and practitioners, including many by people who worked directly or indirectly with the Court itself, The Burger Court is the first truly systematic review of the Court's activity during Warren Burger's tenure. Such distinguished contributors as Derrick Bell, Robert Drinan, Anthony Lewis, and Mark Tushnet review individual cases and jurisprudential trends in order to render comprehensive judgments of the Court's accomplishments and shortcomings. The essays in this volume were gathered by the late Bernard Schwartz, one of America's most revered scholars of constitutional law and the editor of this book's well-received predecessor, The Warren Court: A Retrospective (OUP, 1996). As the finest overview to date of this Court's legacy and significance, The Burger Court will greatly interest anyone with a taste for constitutional issues or recent American history.
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Download or read book Russia In The New Century written by Victoria Bonnell and published by Routledge. This book was released on 2018-03-05 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: What has happened to Russia since the collapse of communism in 1991 and where is the country going in the new century? Russia has escaped widespread social disorder or political collapse, but few observers would argue that the situation has stabilized. Seventeen distinguished scholars from the United States, Russia, and Europe analyze the institutions, social forces, and ideas that are transforming Russia and are, in turn, being transformed in Russia today. The first multidisciplinary assessment of the Yeltsin era, Russia in the New Century: Stability or Disorder? focuses on superpresidentialism, the Constitutional Court, the military, the virtual economy, the network society, organized crime, the new entrepreneurs, workers, survival networks, Russian political parties and nationalism, and the crisis in Dagestan. Thirteen essays and the editors' introduction offer new perspectives on Russia's prospects for stability and disorder in the twenty-first century.
Download or read book Judicial Review written by United States. Congress. Senate. Judiciary and published by . This book was released on 1966 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
